administrative law. The law governing the organization and operation of administrative agencies (including executive and independent agencies) and the relations of administrative agencies with the legislature, the execu-tive, the judiciary, and the public. • Administrative law is divided into three parts: (1) the statutes endowing agencies with powers and establishing rules of substantive law relating […]
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biennium (bI-en-ee-[schwa]m). 1. A two-year period. 2. The period for which many state legislatures make appropriations. [Cases: States 131. C.J.S. States §§ 234–239.]
Dartmouth College Case 〈美〉达特茅斯学院案 即美国最高法院于1819年判决的达特茅斯学院诉伍德沃德案〔Dartmouth College v. Woodward〕。达特茅斯学院在1769年经皇家许可批准在新罕布什尔州〔New Hampshire〕推广教育。1816年，政府和教会冲突之后，该州立法机关〔legislature〕制定法律，修改1769年创立此学院的皇家特许状〔royal charter〕，把学院改为「大学」，改变其内部管理程序，并对学校管理施加外部和公共制约，学院拒绝并抗议立法机关违宪，滥用授权，违反了合同义务。最高法院将该学院划归为私法人〔private corporation〕而不是公法人〔public corporation〕。私法人的特许状〔charter〕属合同性质，受宪法第一条第十款合同条款〔Contract Clause〕的保护，该州不得妨害其履行，并认为该州的法律违宪。该案的判决确立了这样一个原则：依法人权力〔corporate power〕为公共目的向私人团体进行捐赠的行为，构成美国宪法意义上的合同，州立法机关不得制定法律削弱此合同的义务。
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solemn occasion. In some states, the serious and unusual circumstance in which the supreme court is constitutionally permitted to render advisory opinions to the remaining branches of government, as when the legislature doubts the legality of proposed legislation and a determination must be made to allow the legislature to exercise its functions. • Some factors
concur (k[schwa]n-k[schwa]r), vb. 1. To agree; to consent. 2. In a judicial opinion, to agree with the judgment in the case (usu. as expressed in the opinion of another judge), or the opinion of another judge, but often for different reasons or through a different line of reasoning. 3. (Of a house in a bicameral
Slang. The legislation that governs the distribution of an intestate’s property. • The term arose because the legislature effectively makes an intestate’s will by passing statutes regulating descent and distribution. The terms of the parliamentary will are gathered from the statutes in effect when the intestate died.
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floor. 1. Parliamentary law. The part of the hall where members of a deliberative body meet to debate issues and conduct business; esp., a legislature’s central meeting area, as distinguished from the galleries, corridors, or lobbies (the Senate floor) (nominations from the floor). See assignment of the floor under ASSIGNMENT(6); CLAIM THE FLOOR; HAVE THE
A resolution passed by one house and agreed to by the other. • It expresses the legislature’s opinion on a subject but does not have the force of law.
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resolution. 1. Parliamentary law. A main motion that formally expresses the sense, will, or action of a deliberative assembly (esp. a legislative body). • A resolution is a highly formal kind of main motion, often containing a preamble, and one or more resolving clauses in the form, “Resolved, That….” concurrent resolution. A resolution passed by
defer, vb. 1. To postpone; to delay (to defer taxes to another year). 2. To show deference to (another); to yield to the opinion of (because it was a political question, the courts deferred to the legislature).